As used in this article, the following terms shall have the
meanings indicated:
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
BATTERY ENERGY STORAGE SYSTEM
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone 12-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a Tier 1,
Tier 2 (Tier 2A and 2B) or Tier 3 battery energy storage system as
follows:
A.
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology. These
are accessory uses to a principal use and are intended for energy
use by the principal use and do not exceed storage of 110% of two
days' of energy for the user (as determined by the Town Building
Department).
B.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area (a Tier 2A system) or
in an outdoor area (a Tier 2B system). These are accessory uses to
a principal use and are intended for energy use by the principle use
and do not exceed storage of 110% of two days' of energy for
the user (as determined by the Town Building Department).
C.
Tier 3 battery energy storage systems (utility grade system)
are systems that are designed independent of a user, with a purpose
to store energy and then put that energy back into the power grid.
They can be an accessory or primary use on a site. They also include
any system not meeting the definition/requirements of a Tier 1 or
Tier 2 system.
BATTERY(IES)
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this article, batteries utilized in consumer products are excluded
from these requirements.
CELL
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
A.
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
B.
No other occupancy types are permitted in the building.
C.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
D.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
(1)
The areas do not occupy more than 10% of the building area of
the story in which they are located.
(2)
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
FIRE CODE
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NONDEDICATED-USE BUILDING
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
PARTICIPATING PROPERTY
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
UL
Underwriters Laboratory, an accredited standards developer
in the U.S.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts, subject to the Uniform Code, all other applicable
Codes and the battery energy storage system permit, and are exempt
from site plan review.
Tier 2A battery energy storage systems are located within a
structure shall be permitted in all zoning districts, subject to the
Uniform Code, all other applicable Codes, the battery energy storage
system permit, and an operating permit, and are exempt from site plan
review. Tier 2B battery energy storage system is located exterior
of the primary building on site and shall be permitted through the
issuance of site plan approval and an operating permit within all
zoning districts except any residential zoning districts (those districts
where residential is allowed) and shall be subject to the Uniform
Code and the site plan application requirements set forth in this
section. Tier 2B battery energy storage systems associated with a
solar or wind energy project shall also only be allowed in conformance
with the Town laws associated with these type projects (only allowed
in the zoning districts that allow a solar and/or wind project). Applications
for the installation of a Tier 2B battery energy storage system have
the following requirements:
A. They shall be reviewed by the Code Enforcement Officer and the Town
Planning Department for completeness. An application shall be complete
when it addresses all matters listed in this article including, but
not necessarily limited to, (i) compliance with all applicable provisions
of the Uniform Code and all applicable provisions of the Energy Code
and (ii) matters relating to the proposed battery energy storage system
and floodplain, utility lines and electrical circuitry, signage, lighting,
vegetation and tree-cutting, noise, decommissioning, site plan and
development, special use and development, ownership changes, safety,
and permit time frame and abandonment. Any deficiencies in the application
must be addressed prior to substantive review.
B. They shall be referred to the County Planning Board pursuant to General
Municipal Law § 239-m, if required.
C. The Planning Board shall take action on the application after the
SEQR process is completed, which can include approval, approval with
conditions, or denial.
D. Utility lines and electrical circuitry. All on-site utility lines
shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
E. Signage.
(1)
The signage shall be in compliance with ANSI Z535 and shall
include the type of technology associated with the battery energy
storage systems, any special hazards associated, the type of suppression
system installed in the area of battery energy storage systems, and
twenty-four-hour emergency contact information, including reach-back
phone number.
(2)
As required by the NEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light reflective surface.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations.
F. Lighting. Lighting of the battery energy storage systems shall be
limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
In accordance with Town law, there shall be no light spillage onto
adjoining properties.
G. Vegetation and tree-cutting. Areas within 10 feet on each side of
Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and other combustible growth in accordance with all applicable
codes. Single specimens of trees, shrubbery, or cultivated ground
cover such as green grass, ivy, succulents, or similar plants used
as ground covers shall be permitted to be exempt provided that they
do not form a means of readily transmitting fire. Removal of trees
should be minimized to the extent possible.
H. Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
not exceed a noise level of 45 dBA as measured at the outside wall
of any nonparticipating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
I. Decommissioning.
(1)
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan may be required to include the following
(Planning Board or Town Board to determine the extent of this plan
depending on size and location of the installation):
(a)
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all battery energy storage system
components, structures, equipment, ancillary equipment and below ground
infrastructure, security barriers, and transmission lines from the
site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
The anticipated life of the battery energy storage system.
(d)
The estimated decommissioning costs and how said estimate was
determined.
(e)
The method of ensuring that funds will be available for decommissioning
and restoration.
(f)
The method by which the decommissioning cost will be kept current.
(g)
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the battery energy storage system, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
(h)
A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy storage
system from service that has been damaged by a fire or other event.
J. Site plan application. For a Tier 2B battery energy storage system
the site plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the
project site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line (as determined by the Town) electrical
diagram detailing the battery energy storage system layout, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and over current devices.
(4)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy
storage system. Such information of the final system installer shall
be submitted prior to the issuance of building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the battery energy
storage system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
(NYS) licensed professional engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Town prior to final inspection and approval and maintained
at an approved on-site location.
(9)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(10)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
(11)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
in the Town of Tonawanda and by the Town Board through the approval
process.
(12)
Prior to the issuance of the building permit, but not required
as part of the application engineering documents must be signed and
sealed by a NYS licensed professional engineer.
(13)
Emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner, the local fire
department, and local fire code official. A permanent copy shall also
be placed in an approved location to be accessible to facility personnel,
fire code officials, and emergency responders. The emergency operations
plan shall include the following information:
(a)
Procedures for safe shutdown, deenergizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(c)
Procedures to be followed in response to notifications from
the battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to fire department personnel for potentially
hazardous conditions in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the fire department, evacuating personnel, deenergizing
equipment, and controlling and extinguishing the fire.
(e)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(f)
Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
battery energy storage system equipment from the facility.
(g)
Other procedures as determined necessary by the Town to provide
for the safety of occupants, neighboring properties, and emergency
responders.
(h)
Procedures and schedules for conducting drills of these procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
K. Additional standards (Tier 2B projects).
(1)
Setbacks. Tier 2B battery energy storage systems shall comply
with the setback requirements of the underlying zoning district for
principal structures, or as prescribed in the following paragraphs,
whichever is greater.
(a)
Shall not be placed in the front yard.
(b)
Shall be set back a minimum of 20 feet from any side yard or
rear yard if abutting a nonresidential district.
(c)
Shall be set back a minimum of 50 feet from a side yard or rear
yard abutting any residential district or a residential use.
(2)
Height. Tier 2B battery energy storage systems shall comply
with the building height limitations for accessory structures of the
underlying zoning district, or as required by the Fire Code.
(3)
Fencing requirements. Tier 2 battery energy storage systems,
including all mechanical equipment, shall be enclosed by a seven-foot-high
fence with a self-locking gate to prevent unauthorized access unless
housed in a dedicated-use building and not interfering with ventilation
or exhaust ports, or as otherwise required by any federal, state or
local laws or codes.
(4)
Screening and visibility. Tier 2 battery energy storage systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area and not interfering
with ventilation or exhaust ports.
Tier 3 battery energy storage systems are permitted only in
the General Industrial, Waterfront Industrial and Performance Standards
zoning districts, as restricted below, through the issuance of a special
use permit, site plan approval, and an operating permit and shall
be subject to the Uniform Code and the site plan application requirements
set forth in the Tier 2B section with the below additional requirements, and other applicable
sections of these regulations and the Town Code. Tier 3 battery energy
storage systems are also restricted from (not allowed) the lands located
on the "river side" of River Road, no matter what the zoning is of
the site.
A. Special use permit standards (Tier 3 projects).
(1)
Setbacks. Tier 3 battery energy storage systems (as measured
from the fence line) shall be setback a minimum of 20 feet from any
property line, or as prescribed in the following paragraphs, whichever
is greater.
(a)
Shall not be placed in the front yard (for a property having
a principal use). For a property not having a principal use or the
BESS is the principal use, the front yard setback shall be at least
200 feet.
(b)
Shall be set back a minimum of 100 feet from any side yard or
rear yard if abutting a property in a residential district or a property
with a residential use.
(c)
Shall be set back a minimum of 20 feet from a side yard or rear
yard abutting any property in a commercial district.
(d)
Shall be set back a minimum of 20 feet from a side yard or rear
yard abutting any nonparticipating property in an Industrial district,
and 20 feet for a participating property in an Industrial district.
(e)
Shall be set back a minimum of 100 feet from a side yard or
rear yard abutting any nonparticipating property containing a petroleum
storage tank and at least 200 feet from the tank itself. If a participating
property, the setback from the tank shall be a minimum of 200 feet
or as prescribed by any other law or requirement, whichever is greater.
(f)
Shall be set back a minimum of 20 feet from a side yard or rear
yard abutting any nonparticipating property containing electrical
infrastructure (substation, electrical towers, etc.).
(g)
Shall not be located within 200 feet any public park or recreation
facility.
(2)
Height. Tier 3 battery energy storage systems shall have building/structure
height limitation of 20 feet.
(3)
Fencing requirements. Tier 3 battery energy storage systems,
including all mechancial equipment, shall be enclosed by a seven-foot-high
fence with a self-locking gate to prevent unauthorized access, or
as otherwise required in federal, state, local laws and codes including
national codes and standards, and/or professional consensus standards.
(4)
Screening and visibility. Tier 3 battery energy storage systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area and not interfering
with ventilation or exhaust ports. The Planning Board shall provide
the direction on the location and type of screening based on a visual
analysis/study to be submitted by the applicant.
(5)
Safety standards. Tier 3 battery energy storage systems shall
meet all required New York State and federal safety standards including,
but not limited to requirements for spill containment, personal protection
(eye-wash stations, safety showers, etc.) and fire suppression. After
completion of a Tier 3 system but prior to beginning operation, the
fire department and applicable emergency service providers will be
provided a training and education day with the owner and equipment
manufacturers on the system (at the cost of the owner/applicant).
(6)
A road use agreement with the Town may be required if utilizing
Town roads for construction access.
B. Additional site plan and other requirements for Tier 3 systems.
(1)
Access design. Due to the nature of these large facilities,
it will be a requirement to have a primary and secondary means of
access from the public right-of-way (ROW) to the site. The ROW used
for access shall not be a dead-end road. Access shall be provided
through roadways/driveways designed to Town standards with input from
emergency service providers. Primary and secondary access may be created
through a public improvement permit.
(2)
Any infrastructure to be placed to service the site (water,
sewer, etc.) must meet Town and other applicable standards. Public
water and sewer extensions may be provided through a public improvement
permit.
(3)
A noise study will be required addressing noises and tonal issues.
C. Decommissioning fund. The owner and/or operator of any Tier 3 battery
energy storage system shall continuously maintain a fund or bond payable
to the Town, in a form approved by the Town Attorney for the removal
of the battery energy storage system (in accordance with the approved
decommissioning plan), in an amount to be determined by the Town (based
on 125% of the estimated value for decommissioning), for the period
of the life of the facility. This estimate will be updated on a prescribed
basis and account for inflation, and the fund or bond will reflect
these revised estimates. This fund may consist of a letter of credit
from a State of New York licensed financial institution. All costs
of the financial security shall be borne by the applicant. The applicant
shall also provide a notarized acknowledgement that if the costs for
removal of battery facility exceed the bond for decommissioning, the
battery developer/owner are fully fiscally responsible.